Utah Admin. Code R986-700-728 - Appropriate use of CC
(1) CC
is to support an eligible client's monthly employment and any allowed training
activity and allows for temporary absences and unforeseen
circumstances.
(2) A provider must
provide at least eight hours of care during the initial benefit month for which
a CC payment was issued to be eligible for CC payment.
(a) A provider has the burden of proof to
demonstrate the provider provided care to each CC client for which it receives
CC payment.
(b) Pursuant to
Subsection R986-700-727(2),
if a provider is not able to produce a time and attendance record for a
specific CC client for a specific month, there is a rebuttable presumption that
the provider did not provide child care for that CC client during that
month.
(3) Inappropriate
use of a CC payment.
(a) Applying the CC
payment to a:
(i) copayment;
(ii) registration fee;
(iii) late fee;
(iv) field trip; or
(v) client's out of pocket
expenses.
(b) Carrying
forward the CC payment for future months of service.
(4)
(a) An
excess CC payment cannot be used to cover an outstanding balance, a copayment,
a registration fee, a late fee, a field trip, or future services.
(b) If excess funds are issued for a month of
service, the excess funds must be returned to the Department.
(c) The CC payment for the following month
may be reduced to offset the over-issuance.
(5) A provider who receives a CC payment when
the child has not attended at least eight hours in a month may be responsible
for repayment of any resulting overpayment under Title 35A, Chapter 3, Part 6,
Administrative Determination of Overpayment Act, and Sections
R986-700-731 and
R986-700-731.1, and there may be
a disqualification period pursuant to Sections
R986-700-733 and
R986-700-734, and potential
criminal prosecution under Title 76, Chapter 8, Part 12, Public Assistance
Fraud.
(6) A provider who provides
services for any part of a month and then terminates services with the client
or for a child during the month may be required to reimburse the Department for
the days when care was not provided.
(a) If it
was necessary to remove the child from care because the child or others were
endangered, and the incident was reported to CCL or local authorities, the
Department may waive repayment.
(7) The Department will issue a IRS Form 1099
annually where applicable to each eligible provider who received a CC payment
during the year.
(8) A provider who
applies CC funds inappropriately may be subject to an overpayment and possible
disqualification pursuant to Sections
R986-700-731,
R986-700-733, and
R986-700-734.
Notes
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